Unpacking The Reasons Why Republican Senators Oppose EPA Power Plant Rule
with a critical analysis that is cogent and timely. It said, “the opinion cloaks federal rule making in uncertainty, particularly when the proposed regulation relates to climate change.” The court’s conservatives explicitly relied upon — for the first time in a majority opinion — the “major questions” doctrine.
“Most other agencies may well also lack a clear statement on climate change, putting a bullseye on climate regulations. Indeed, even though the ink is hardly dry on the decision, some have already trumpeted the majority opinion as grounds for challenging proposed climate rules from the Department of Transportation and the Securities and Exchange Commission, as well as an existing Nuclear Regulatory Commission rule.. Federal bureaucrats could forswear climate regulation altogether.
In their letter to Michael Regan, those 39 senators flung down the gauntlet and let it be known they intend to use theruling to delay, delay, delay, and then delay some more while the Earth boils. Their letter says the power plant rule is in “direct conflict” with the Supreme Court’s “major questions” doctrine and they intend to sue the agency unless they get their way.
Is anyone under the illusion that the Congress could take up the issue of climate change and craft actual legislation that is timely and effective? Not one Republican voted in favor of the Inflation Reduction Act or any of the other proposals put forth by the Biden administration. They are content to delay and obstruct the political process as long as possible. The Supreme Court has bolstered their ability to do so.
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